Opinion
# 2014-045-027 Claim No. 119696 Motion No. M-85043 Cross-Motion No. CM-85406
09-24-2014
HENRY R. TERRY v. THE STATE OF NEW YORK
Henry R. Terry, pro se Hon. Eric T. Schneiderman By: Theresa N. Wilson, Assistant Attorney General
Synopsis
Claimant's motion seeking permission to file a fifth amended claim. Claimant also seeks to renew and reargue this Court's prior Decision and Order in this matter. Defendant's cross-motion for sanctions.
Case information
| UID: | 2014-045-027 |
| Claimant(s): | HENRY R. TERRY |
| Claimant short name: | TERRY |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 119696 |
| Motion number(s): | M-85043 |
| Cross-motion number(s): | CM-85406 |
| Judge: | Gina M. Lopez-Summa |
| Claimant's attorney: | Henry R. Terry, pro se |
| Defendant's attorney: | Hon. Eric T. Schneiderman By: Theresa N. Wilson, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | September 24, 2014 |
| City: | Hauppauge |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The following papers were read and considered by the Court on this Motion: Claimant's Notice of Motion, Claimant's Supporting Affidavit, Claimant's Verified Fifth Amended Claim, Claimant's Attachments, Claimant's "Memorandum of Law in Reply, Opposition of Defend[an]ts Cross Motion and In Support of Plaintiff's Fifth Amended Claim and in Support of Both Plaintiff Motion to Renew and Reargue," Defendant's Notice of Cross Motion and Defendant's Affirmation in Opposition and in Support of Cross Motion with annexed Exhibits A-K.
Claimant, Henry Terry, pro se, has brought this motion ostensibly seeking to file a Fifth Amended Claim and to Renew and Reargue the Court's prior Decision and Order concerning Motion No. M-83629, which was filed on December 13, 2013. The December 13, 2013 Decision and Order denied claimant's motion to renew and reargue this Court's prior Decision and Order concerning Motion No. M-80137, which was filed on May 1, 2013. Claimant also seeks other various forms of relief. Defendant, the State of New York, opposes the motion and requests a filing injunction.
Claimant's motion is palpably improper and is hereby denied in its entirety.
Defendant's cross-motion is also denied. However, claimant is again cautioned that the continued filing of duplicative motions and/or claims will result in appropriate sanctions.
September 24, 2014
Hauppauge, New York
Gina M. Lopez-Summa
Judge of the Court of Claims